State v. Evans

THREET, Justice.

Appellant was tried upon an information ■charging him with murder in the first degree and was 'convicted of the crime of voluntary manslaughter. He appeals to this court, assigning error as follows:

1. “The court erred in refusing to grant defendant’s instruction No. 1, as follows:

“ ‘Gentlemen of the Jury, you are instructed that the defendant had a right to be armed as there is no law in the State of New Mexico that prohibits the carrying of a concealed weapon, and you will indulge in no presumption against him by reason of ■the fact that he was armed.’ ”

2. “The court erred in…